Riding The Trademark Tailwind

by Tamera H. BennettMay 9, 2007


TOP: Payless/Exeter Shoe BOTTOM: Brooks Shoe

Brooks Sports, Inc. filed a lawsuit on Friday, May 4, 2007 against Payless ShoeSource and Exeter Brands Group (a subsidiary of Nike, Inc.) alleging trademark infringement over a "boomerang" shaped logo.

According to Brooks' Federal Trademark Registration, they have been using the logo (featured on the shoe in the bottom of the picture) in interstate commerce since July 2000. Brooks' trademark registration is for the following goods: shoes, footwear, shirts, pants, jackets, hats, shorts, tights and T-shirts. In January 2007 Nike filed two intent to use trademark applications for a composite mark of the symbol with the words "Tailwind."

Brooks' complaint alleges federal trademark infringement, unfair competition under the federal Lanham Act, state unfair competition under the Washington statute; and state common law unfair competition.

Read the Complaint